Credibly - Law Dictionary Search Results
Home Dictionary Name: credibly Page: 2Expert witness
Expert witness, an 'expert' is not a 'witness' of fact. His evidence is really of an advisory character. The duty of an 'expert witness' is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the judge to form his independent judgment by the application of this criteria to the facts proved by the evidence of the case. The scientific opinion evidence, if intelligible, convincing and tested becomes a factor and often an important factor for consideration along with the other evidence of the case. The credibility of such a witness depends on the reasons stated in support of his conclusions and the data and materials furnished which form the basis of his conclusions, State of Himachal Pradesh v. Jai Lal, (1999) 7 SCC 280: AiR 1999 SC 3318 (3321). [Evidence Act, 1872, s. 45]...
Constable
Constable [fr. Comes stabuli, Lat., in the eastern empire a superintendent of the imperial stables, or the emperor's master of the horse, who at length obtained the command of the army], an officer to whom our law commits the duty of maintaining the peace, and bringing to justice those by whom it is infringed.Provision is made for the abolition of the office of High Constable by the (English) High Constables Act, 1869 (32 & 33 Vict. c. 67), and of that of Parish Constable by the Parish Constables Act, 1872 (35 & 36 Vict. c. 92), which Act, however, still allows of their appointment in exceptional cases.By the (English) Municipal Corporations Act, 1882, s. 191, in all boroughs to which that Act applies, 'borough constables' are appointed by the Watch Committee, but the (English) Local Government Act,1888, has, in the case of boroughs having a population of less than 10,000 transferred the appointments to the county councils.In counties constables were appointed by the justices of the pe...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Blasphemy
Blasphemy [fr. bl'ptw, Gk., to hurt, and fhmh, reputation; blasfhmw', to speak impiously; blasphemo, Lat., to revile, Wedgw.], an offence against God and religion, by denying to the Almighty His Being and Providence, or by contumelious reproaches of our Saviour Christ. Also, all profane scoffing at the Holy Scripture, and exposing it to contempt and ridicule. It is an indictable misdemeanour at Common Law, see Reg. v. Ramsay & Foote, (1993) 15 Cox, CC 231.In case an offender has been educated in or at any time made profession of Christianity, the statute 9 & 10 Wm. 3, c. 32 (c. 35 in the Revised Statutes), Chitty's Statutes, tit. 'Criminal Law (Offences against Peace, etc.), commonly called 'The Blasphemy Act,' though it is only directed against apostasy, but is cumulative upon the common law, R. v. Carlile, (1819) 3 B. & Ald. 167, very severely punishes any person 'who shall by writing printing teaching or advised speaking, deny the Christian religion to be true, or the Holy Scripture...
Bill of sale
Bill of sale, an assignment by deed of chattels personal, whether absolute or by way of security. See Twyne's case, (1602) 3 Rep. 80 [44 Eliz.], and 1 Sm. L. C. 1 et seq., where the principal cases are collected.The registration of bills of sale was first required in 1854 by 17 & 18 Vict. c. 31, which enacted that every bill of sale should be void as against assignees in bankruptcy and execution creditors, unless the bill or a copy thereof should have been filed in the Court of Queen's Bench within 21 days after its execution, together with an affidavit of the time of the bill of sale being given, and a description of the residence and occupation of the deponent and of every attesting witness of the bill of sale. In 1866, by 29 & 30 Vict. c. 96, registration had to be renewed every five years. The two Acts were consolidated with some important amendments by the (English) Bills of Sale Act, 1878 (41 & 42 Vict. c. 31). The principal amendments were these:-The period within which to regis...
Implausible
Not plausible not wearing the appearance of truth or credibility and not likely to be believed...
Likely
Worthy of belief probable credible as a likely story...
Incredible
Not credible surpassing belief too extraordinary and improbable to admit of belief unlikely marvelous fabulous...
fishing expedition
An investigation searching for evidence of wrongdoing with no credible evidence of such wrongdoing available at the outset of the investigation and often without specifying in advance the wrongdoing to be proven...
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